Should police need probable cause to request mobile-phone location data?
There are currently no firm standards on the kinds of Fourth Amendment protections that should apply to cell phone tracking data. This is becoming an issue as GPS and other tracking technologies have been added to cell phone to satisfy E911 requirements, and as police agencies have discovered the potential benefits of mobile-phone location data.
EFF's warrantless wiretapping case dismissed
A federal judge has dismissed Jewel v. NSA, a case from the Electronic Frontier Foundation (EFF) on behalf of AT&T customers challenging the National Security Agency’s mass surveillance of millions of ordinary Americans’ phone calls and emails.
Why can the TSA subpoena bloggers to get at their sources?
The TSA issued a directive aimed at instituting new security measures. After two bloggers published it, the TSA issued subpoenas that sought to compel them to reveal their sources. Why did the TSA think they could do this, and did they have the power to enforce their request?
Obama's newest FOIA-related order a boon for historians
President Obama came into office pledging greater openness, and his latest executive order seems to directly speak to that pledge — though it will likely benefit historical investigations especially.
Lawyers should leave their laptops at home when traveling abroad
There has always been an exception to search and seizure law at border crossings. In theory, this is nothing new — attorneys traveling with confidential paper files could also have them searched. But the ease of carrying vast numbers of confidential documents in electronic form raises the bar on this.
Should the government need a warrant to access your Google Books history?
Should accessing content via the Google Books service provide the same protections as one would receive when relying on a bookstore? The Electronic Frontier Foundation (EFF) and the ACLU say, “Yes.”
Google responds to publishers
According to Rob Salkowitz of Internet Evolution, in the so-called Hamburg Declaration issued July 9, publishers argued that services like Google are “using the work of authors, publishers and broadcasters without paying for it.”
Attorney ethics require effective research skills: "the torture memos"
Whatever you feel about the “torture memos,” one underlying lesson is an important one for any lawyer: failure to do effective research when advising your client can be as much of a breach of ethical rules as failure to meet deadlines.
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